A WEST Cumbrian man who assaulted his disabled husband and kicked a police officer 10 times was fined by a court.

Magistrates at the Workington court heard that Martyn Bennett, 30, also repeatedly mocked his husband of three-and-a-half years Peter Reynolds for having one leg and threatened to tip him out of his wheelchair.

Bennett, of Headlands Close, Workington, had been out drinking before an argument broke out with his husband over household chores.

Diane Jackson, prosecuting, told magistrates that the argument initially was about a phone contract and Mr Reynolds told Bennett he had spent the money to pay for that in the pub. She said Bennett then insulted his husband several times and mocked him for his disability. Mr Reynolds had his leg amputated in January. Mrs Jackson read a statement from Mr Reynolds: "I find it very difficult, I can't do anything for myself anymore. He [Bennett] is my full time carer and he made me feel very upset. He knows I haven't come to terms with losing my leg."

Mrs Jackson said: "Mr Bennet started pulling clothes out of the washing machine saying: 'You can't even get the clothes out.' He then started throwing them at Mr Reynolds."

She added this made Mr Reynolds feel vulnerable as he knew he wouldn't be able to defend himself if Bennett became violent. Mrs Jackson said this would be classed as a disability hate crime.

Bennett then went out and Mr Reynolds called the police. But when Bennett returned and saw the officers he verbally abused them. Mrs Jackson said: "He was extremely aggressive and trying to barge passed the officers." When they tried to restrain him, Bennett started kicking PC Bradley, hitting her on the legs and stomach. Mr Jackson said: "He kept on shouting at his husband: 'I'll tip him out of his wheel chair.'" He repeated the abuse, insults and mockery for his disability several times.

Mrs Jackson said Mr Reynolds was not seeking a restraining order and he described Bennett as a lovely man when he wasn't drunk."

John Cooper, defending, said that the couple did not separate after the incident and wanted to stay together. He disputed Mrs Jackson's view Bennett's crime was a disability hate one as he is disabled himself. He said Bennett fractured his spine in a factory accident several years ago. Mr Cooper said: "When he went through all of that he fought and did all the work he needed to recover. He feels that since his husband lost his leg he has just given up, he just sits in the wheelchair, he won't do any work."

He added: "There had been some discussion about sorting some things in the house and when Mr Bennett returned they hadn't been done. It's a discussion about households chores." Mr Cooper said that during the assault on the officer, Bennett was on the floor and he wouldn't have been able to kick with significant power. "He's almost cycling with his legs, he's not upright so he wouldn't have been able to kick with significant power, he's on his back and no injuries were caused."

Bennett was fined £120 for each of the two assaults and was handed a 12-month community order with a requirement to carry out 10 rehabilitation activity days. He was also ordered to pay £85 costs and £85 victim surcharge.